Except listings in Nyc from registration

[Candice58]

Hello everyone    
  Does anyone here understand how a private room in an apartment that is rented can be exempt from registration in NYC?

  I have come across a few listing that have Except on their page and I’m just trying to understand this. 

I literally had to cancel 5 guests from September 5 through October and change my listing to 30 days because of this registration law. 

can someone here help explain why some people who are clearly renting are exempt ?

thank you 

[Debra300]

Try sending a message to the hosts who have the exempted listings, and ask them about the process.

[Candice58]

I did

none of them will give an answer. 

[Debra300]

I tried reading some of the details about the new law, and it's confusing and overwhelming.  After September 5, I think what is likely to happen is there will be an increase in the number of early cancellations in NYC.  For example, guests will book for 30 days, but only want to stay for 7 days, and then request an early cancellation and refund.  This will cause a lot of operational overhead and missed opportunities due to calendars blocked with phantom bookings.

[Elizabeth3049]

My understanding is that as long as you rent a “private room”  and this space has access to your common living area without internal locks it is still allowed. But what I don’t understand is whether or not you need to change the title and type of your listing from “entire apartment “to “private room “or is it enough to simply list this in the description. Does anyone know?

[Jose8111]

Hello @Candice58 !!! im in the same situation, you received some answers now? 

[Frances3408]

@Candice58. Its a fast changing situation so do not rely on what you can see at other listings. I found this article which might help. https://www.airbnb.com.au/help/article/868

Good luck.

[Candice58]

Thank you 

I hearted all of those listings and they are still exempt. 
I called air bnb and she said that a furnished room is considered a class B listing. However all the operators on air bnb have no idea what they are talking about. Also most buildings in nyc are on the prohibited buildings list for short term rentals. 
  I have been following this very carefully and still I don’t understand why people have there places listed that are rental units for short term stays. When I received the email I immediately contacted everyone who booked from September 5th forward and had them refunded and changed my listing to 30 day stays. 

does this mean that everyone on air bnb will be hosting for 30 days?

also all leases in nyc clearly state no air bnb , verbo and booking. Com 

so this is very confusing all the way around. 

also you can’t claim class B unless you’re a ligit hotel, rooming house , dorm ect… 

This is all extremely confusing and also I find it very hard to believe that nothing about this is in the news and that Air bnb is not going to continue to fight for the hosts in nyc. 

[Nancy1226]

The confusion is there are two different types of Class Bs. A two-family house is a Class B tax classification but not a Class B occupancy designation. There are many hosts in NYC that have a two family house, claimed Class B status and think they are perfectly legal now. They are not. Class B occupancy status only applies to hotels, dorms like you say. I have confirmed this with real estate attorneys. A host in one unit of a two family home is NOT permitted to host the other unit. 

[Debra300]

Thank you for providing this information.  I think it clears up a lot of confusion for many people.  Although I am not in. NYC, I tried to read the regulations and found them difficult to understand. 

There was one thing that I read which I thought was not only prejudicial against in-home hosting, but also potentially dangerous.  The requirement that none of the bedroom doors have locks is highly unfair, because hotel rooms are allowed (probably required) to have locks for the purpose of privacy and safety.

[Raven73]

@Candice58 If you're still looking for the answer: building owners can prohibit people from doing Airbnb under the new law. However, some building owners are permitting Airbnb. To add a building to the prohibited list, the owner registers their building with Airbnb. Once the owner does this, the building is added to the prohibited building list. All the buildings on the prohibited list airbnb is not allowed and the listing will be taken down.

To answer your question, as per most leases, you cannot sublet, rent out a private room, do short-term stays, or collect money if you have a lease in place. If you are doing this, you are in violation of your lease and may / can be subject to eviction or legal action. 

—Signed

Assistant Property Manager 

https://www.nyc.gov/site/specialenforcement/registration-law/pbl.page#:~:text=The%20Short%2DTerm%20R....